Tribe would become first in Michigan

third in U.S.

HARBOR SPRINGS -- The Little Traverse Bay Bands of Odawa Indians could become the first tribe in Michigan to legalize same-sex marriages, if a constitutional amendment being considered by its tribal council is passed.

While same-sex partnerships are not legal in Michigan, the tribe could allow such partnerships because of its status as a sovereign nation. The majority of the tribe's 4,000 citizens live in the northern Lower Peninsula of Michigan.

"For me, it is about equal rights for all," said Annette VanDeCar, 37, a tribal member from Petoskey. VanDeCar and fellow tribal member Denise Petoskey, voicing their opinion as advocates, authored a letter urging the Odawa tribal council to take up an amendment to allow gay and lesbian couples to marry. "It's wrong to discriminate against any group of people. We're not asking for special treatment or special rights; We're asking for equal rights," VanDeCar said.

The Federal government has placed Native American marriage provisions under tribal jurisdiction. However, some tribes opt to follow state guidelines, such as the Sault Ste. Marie Tribe of Chippewa Indians who have elected to follow the laws of the state of Michigan regarding marriage.

Only two Native American tribes in the United States recognize same-sex unions as legal.

The Coquille Tribe of Oregon lifted a law banning same-sex marriages in 2009. The Squamish tribe in the state of Washington unanimously approved similar legalization in August 2011.

If the Little Traverse Bay Bands of Odawa Indians were to legalize same-sex marriages, it would still mean at least one of the partners would have to be a member of the tribe.

VanDeCar says traditionally native people have always respected and accepted 'two-spirit' individuals and that narrowing of the definition of marriage to one man and one woman was accepted by tribes only after having contact with Europeans and religion.

The term "two-spirit" has been used by tribes and anthropologists studying tribes to identify members of a Native American cultures who have alternative gender roles within their community.

"In some tribes, only 'two-spirit' people were allowed to fill certain ceremonial roles and to perform certain parts of ceremonies. 'Two-spirit' people were treated no differently than other members of our tribal communities," VanDeCar said.

The tribal legislation was initially encouraged by two tribal citizens in a letter to the tribal council urging them to consider amending the constitution. During a bi-monthly tribal council meeting Sunday Aaron Otto, a tribal council member, introduced an amendment that would expand the tribal definition of marriage to "the legal and voluntary union of two persons." The current tribal constitution defines marriage as between "one man and one woman."

The legislation moved forward for discussion Sunday after Otto, seconded by tribal council member Kevin Gasco, motioned the amendment be put on the legislative calendar for a future vote. The motion was approved by the nine-member board, with opposition by only two tribal council members -- legislative leader Melvin Kiogima and John Keshick.

Members of the tribe will have 30 days for public comment on the amendment.

If the amendment passes by a majority vote, it will then be forwarded to the tribal chairman who can sign or veto the proposal. Should it be vetoed, the tribal council would need a seven-vote super majority by its nine members to override the veto.

Little Traverse Bay Bands Tribal Chairman Dexter McNamara did not return a call asking for about whether he would sign the proposal if it comes to his desk.

But, some members of the tribe seem ready to accept and support the proposal.

"It's really a proactive movement," said former tribal chairman Ken Harrington, who supports the proposal and pointed out that tribal government is able to move faster to create new laws than state governments because of the small size of its representative government.

The proposal will have 60 days to be voted on before it would be dropped from the tribal legislative calendar.